Sean Sutherland
Nov 21, 2023
On October 13, 2023, the Supreme Court of Canada released its decision in Reference re Impact Assessment Act. By a 5-2 decision, the majority ruled that the bulk of the Act is unconstitutional. In a recent episode of The Brief, a podcast produced by the Business Council of Alberta, co-host Scott Crockatt welcomed Sean Sutherland, a partner in Osler’s National Litigation Group for an in-depth discussion of the decision, as well its implications for the federal and provincial governments and for Canadian businesses.
In his “30-second version” of the judgment, Sean describes the Supreme Court’s decision as “among the most important environmental decisions in the past 30 years in this country.” In explaining its significance, he not only provides background information on what led to this iteration of the legislation, but also offers a primer on the constitutional law questions at the crux of the reference as well as insight into the impact the Act could have on potential investors’ decisions to fund projects in Canada.
Sean also summarizes the guidance for Parliament that the Court included in the ruling in addition to his own thoughts on what he’d like to see in the next iteration of the federal legislation.
Listen to the full podcast from The Brief.